TECHNOLOGY THE NEW AGE

Technology

is the mover of change, economies, governance and thought processes. Coming of technology has paved the way for growth of new vistas and horizons.

INTERNET

The coming of the Internet is one of the most important development in the human history after the advent of fire. The coming of Internet has dramatically changed the way we think, the way we govern, the way we do commerce and the way we perceive ourselves.

NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE

The

coming of new technology facilitates greater access, transparency, comfort level and ease of operations. Technology acts as a social tool for governance and dispensation of justice.

NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE

Technology

becomes an integral part of governmental action and policy in its endeavors reach out to the rules of social justice and for ensuring justice and equity for one and all.

CHALLENGES

The important issue before government and policy makers is how to piggy ride advantages of new technology and how to harass its benefits for the purpose of administration of justice.

INNOVATION & IMPROVEMENT

For that there is a need for a constant innovation and improvement. There is a need for incorporating new technologies. There is a further need towards adoption of new technologies.

INFORMATION TECHNOLOGY ACT, 2000

We in India also have had a vision to become the 12th nation in the world to enact a Cyberlaw. We have enacted the Information Technology Act, 2000.

THE IT ACT, 2000 OBJECTIVES

To provide legal recognition for transactions: Carried out by means of electronic data interchange, and Other means of electronic communication, commonly referred to as "electronic commerce", involving the use of alternatives to paper-based methods of communication and storage of information,

THE IT ACT, 2000 OBJECTIVES (contd)

To facilitate electronic filing of documents with the Government agencies To amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934

ELECTRONIC CONTRACT

ACCEPTANCE OF CONTRACT MAY BE EXPRESSED BY ELECTRONIC MEANS OF COMMUNICATION. The same shall have legal validity and enforceability.

CYBER CRIMES

Cyber crimes
Information Theft E-mail bombing Trojan attacks

Hacking

Web jacking

DIGITAL SIGNATURE

A digital signature or digital signature scheme is a mathematical scheme for demonstrating the authenticity of a digital message or document. A valid digital signature gives a recipient reason to believe that the message was created by a known sender, and that it was not altered in transit. Digital signatures are commonly used for software distribution, financial transactions, and in other cases where it is important to detect forgery and tampering.

DIGITAL SIGNATURE

"digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3; The private key and the public key are unique to the subscriber and constitute functioning key pair Verification of electronic record possible

Essential steps of the digital signature process

STEP 1 The signatory is the authorized holder a unique cryptographic key pair; STEP 2 The signatory prepares a data message (for example, in the form of an electronic mail message) on a computer; STEP 3 The signatory prepares a message digest, using a secure hash algorithm. Digital signature creation uses a hash result derived from and unique to the signed message; STEP 4 The signatory encrypts the message digest with the private key. The private key is applied to the message digest text using a mathematical algorithm. The digital signature consists of the encrypted message digest, STEP 5 The signatory typically attaches or appends its digital signature to the message; STEP 6 The signatory sends the digital signature and the (unencrypted or encrypted) message to the relying party electronically;

Essential steps of the digital signature process

STEP 7 The relying party uses the signatorys public key to verify the signatorys digital signature. Verification using the signatorys public key provides a level of technical assurance that the message came exclusively from the signatory; STEP 8 The relying party also creates a message digest of the message, using the same secure hash algorithm; STEP 9 The relying party compares the two message digests. If they are the same, then the relying party knows that the message has not been altered after it was signed. Even if one bit in the message has been altered after the message has been digitally signed, the message digest created by the relying party will be different from the message digest created by the signatory; STEP 10 Where the certification process is resorted to, the relying party obtains a certificate from the certification service provider (including through the signatory or otherwise), which confirms the digital signature on the signatorys message. The certificate contains the public key and name of the signatory (and possibly additional information), digitally signed by the certification service provider.

Section 15- Secure Digital Signatures

If Digital signatures are applied in such a manner that if ER was altered the Digital Signatures would be invalidated then it is called Secured Digital signatures Unique to subscriber Identifies the subscriber

Digital Signature Certificate [Chapter VII]

Any person may make an application to the Certifying Authority for issue of Digital Signature Certificate. The Certifying Authority while issuing such certificate shall certify that it has complied with the provisions of the Act. The Certifying Authority has to ensure that the subscriber (i.e., a person in whose name the Digital Signature Certificate is issued) holds the private key corresponding to the public key listed in the Digital Signature Certificate and such public and private keys constitute a functioning key pair. The Certifying Authority has the power to suspend or revoke Digital Signature Certificate.

Section 12- Acknowledgement of Receipt

If Originator has not specified particular method- Any communication automated or otherwise or conduct to indicate the receipt If specified that the receipt is necessary- Then unless acknowledgement has been received Electronic Record shall be deemed to have been never sent Where ack. not received within time specified or within reasonable time the originator may give notice to treat the Electronic record as though never sent

Section 13- Dispatch of Electronic record

Unless otherwise agreed dispatch occurs when ER enters resource outside the control of originator If addressee has a designated computer resource , receipt occurs at time ER enters the designated computer, if electronic record is sent to a computer resource of addressee that is not designated , receipt occurs when ER is retrieved by addressee If no Computer Resource designated- when ER enters Computer Resource of Addressee.
Shall be deemed to be dispatched and received where originator has their principal place of business otherwise at his usual place of residence

AUTHENTICATION OF ELECTRONIC RECORDS

Any subscriber may authenticate an electronic record Authentication by affixing his digital signature. Any person by the use of a public key of the subscriber can verify the electronic record.

ELECTRONIC GOVERNANCE

Legal requirements of any information or any other matter being in writing or in the typewritten or printed form, shall be deemed to have been satisfied if such information or matter is

ELECTRONIC GOVERNANCE (contd.)

(a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.

DIGITAL SIGNATURES & ELECTRONIC RECORDS

LEGAL RECOGNITION DIGITAL SIGNATURES

OF

OFFENCES & PENALTIES

Penalties and adjudication for various offences involving computers, computer systems and computer networks.

PRACTICAL CHALLENGES
WE MUST ENSURE THAT THE FINAL OUTPUT OF ANY ELECTRONIC GOVERNANCE PROJECT MUST BE LEGAL IN A COURT OF LAW NEED TO COMPLY THE STRICT REQUIREMENTS OF IT ACT, 2000 AND AMENDED INDIAN EVIDENCE ACT

NO RIGHT TO INSIST ON ELECTRONIC FILING

The IT Act talks about the use of electronic records and digital signatures in government agencies. Yet, strangely it further says in section 9, that this does not confer any right upon any person to insist that the document in questions should be accepted in electronic form.

CYBERCRIMES
NEW FORMS AND MANIFESTATIONS OF CYBERCRIMES EMERGING EVERYDAY. NEED FOR NEW LEGISLATIVE MECHANISMS TO CONTROL CYBERCRIME!

NEED FOR NEW LAWS ON

DATA PROTECTION SPAM

INFORMATION SECURITY

NEED FOR NEW LAWS ON

PRIVACY PROTECTION OF CHILDREN ONLINE INDIAN

I.T. ACT 2000 CONCLUSION

The other steps have to follow. However, the government has to be quick in responding to the challenges raised by the constantly changing technologies. Just as time does not wait for anyone, so does Internet. The time to act is right now.

FUTURISTIC APPROACH
There is a need for adopting a

futuristic approach while using new technology to leap frog into future growth and development.

We need to establish a regulatory and policy framework in such a manner so that, the same is enabling in nature and allows the adoption and easy access to technologies.

We also need to change mindsets of political leadership in the country in such a manner so as to make it more technology savvy. Our proclaimed goals are for the establishments of a sovereign, socialist, security, democratic, republic

What is important is the need for the relevant enabling infrastructure, a vibrant observing mindset and enabling a legal policy framework.

Thank You!